SEC. 7. The method of drawing jurors, for the trial of appeals, and all other cases in justices' courts in each dis- Mode of drawing trict, shall be as follows: the justice or justices residing in jury. each district, in conjunction with a freeholder of said district, shall once in every two years procure or make out a list of all persons liable to serve as jurors, in the circuit courts, who may be residents in their respective districts, and shall write the name of every person so liable, on a separate piece of paper, which shall be deposited in a box in an apartment marked number one, and shall draw therefrom, not less than five nor more than seven of names so before deposited, from time to time, to try the causes so depending, before them, which names so drawn, shall be entered in a bond by the justice, presiding at the drawing thereof, and shall be deposited in an apartment of said box marked number two, and after all the names are drawn from number one, they shall commence drawing from number two, and so on alternately provided, that no justice Proviso. shall presume, to draw any jury, but on a court day, and in public, and by persons, not interested in any suit to be tried by said jury, and any person so drawn, and summoned by a constable five days before court, and neglecting to Penalty on jurors for appear, shall be fined, by the justice or justices in a sum failing not less than one, nor more than three dollars, to be paid appear. into the county treasury, for county purposes, unless such juror shall shew sufficient cause of excuse on oath at the next term, and in all cases of deficiency of jurors, the constable by the direction of the justice or justices, shall fill and complete such jury from the by-standers, provided, there shall not be less than three of the original pannel on such jury, and they shall for every verdict by them given Compenin, be entitled to be paid by the party, against whom such verdict may be given, to one dollar and twenty-five cents, to be taxed in the bill of cost.

to

Excuse to

be rendered

on oath.

sation

jurors.

to

SEC. 8. The oath to be administered to the jury on the trial of appeals; also for the trial of the right of property, Their oath. and on a traverse trial in justices' courts; shall be as follows; 'you shall well and truly try the cause now pending, between A. B. and C. D. defendant, and a true verdict give, according to equity and the opinion you entertain of

proceeding

sides beat.

the evidence produced to you, to the best of your skill and knowledge, without favour or affection to either party, provided the case is not withdrawn; so help you God.'

SEC. 9. In case there be no justice of the peace resident Mode of in any captain's district, then it shall, and may be lawful, where no for a justice in any adjoining district, to proceed in like justice rein manner as if the defendant was an inhabitant of his district; and all cases in which a justice of the peace may be a party shall be tried in the nearest justices' court to the residence of the defendant in the said county, and not within the district in which he may reside.

SEC. 10. When it shall appear by the return of a conDuty of stable, on any execution or executions, that the sum has justice where debt been paid by a security or securities, it shall be the duty has been of the justice or justices to make an entry thereof in their

paid by

security.

sales.

docket book, and such security or securities, shall have the use and control of said execution or executions, for the purpose of remunerating him, her, or themselves, out of their principal, although such execution may have been levied, and property sold to satisfy the same.

SEC. 11. It shall be the duty of constables to advertise, Constables all intended sales, at two or more of the most public places, to advertise in the county, at least ten days, before any sale, and shall give a full and clear description of the property to be sold, and all constables' sales, shall be at the place of holding Place of justices courts in the several company districts, and on a selling. court day, and that between the hours of ten and three o'clock.

on slaves if

per

SEC. 12. No constable shall be authorized to levy on Constable any negro or negroes, unless there is no other personal not to levy estate to be found, sufficient to satisfy the debt, and then, other and in that case, they are hereby authorized, to levy on sonal estate the same wherever to be found, and deliver over the found. execution or executions, to the sheriff of the county with a return of the property levied on; who shall proceed to sell the same with such formalities as are prescribed for the sale of real estate.

can

be

SEC. 13. All judgments which may be obtained in, and Dignity of judgments executions issued from any justices' court after the passage tions. of this act, shall bear equal dignity with judgments ob

and execu

defendants

from date of

tained in and executions issued from the circuit courts, and Property of shall bind all the property of the defendant, from the date and securiof the said judgment, and also all the property of his, her ties bound or their securities, from the time of their entering, them- judgment. selves as such, until the same shall be satisfied-provided, Proviso. however, that lands, tenements, or hereditaments, shall in no case be subject or liable, to any execution or distress, issuing or emanating from a justice or justices of the peace; and provided, also, that the property now exempt from execution under a judgment of a circuit court, shall also be exempt from execution or distress issued under the provision of this act.

SEC. 14. From and after the passage of this act, justices Fees of of the peace, and constables, throughout this state, shall justices and receive, the following fees in addition to those already es- constables. tablished by law, and no more. The justice of the peace for drawing jury, and making out venire, twenty-five cents, and for each cause tried by said jury twenty-five. The constable's fees for attending each trial in a justices' court twenty-five cents; for summoning a jury fifty cents; for each cause tried by said jury fifty cents; and for other services rendered, under this act, the same fees allowed the sheriff for similar services rendered.

their

principals.

SEC. 15. In all cases in justices' courts commenced Remedy of against joint obligors or promisors, if any one or more of securities them, shall make it appear to the satisfaction of the court, on that he, she or they signed said obligation as security or securities only, it shall be the duty of the justice to enter up judgment, against him, her or them as such, and award execution, in the same manner, which when satisfied by such security, or out of their property, he, she or they shall have the control and benefit of said execution for the purpose of remunerating him, her or themselves, out of their principal in the same manner, as if they had been security on the stay of execution, provided, judgment and execu- Proviso. tion shall be against the principal also.

compensa

SEC. 16. And be it further enacted, That every witness. summoned, and who shall attend to give evidence, before Witnesses? any justices' court by virtue of this act, shall be allowed tion." the same compensation for his attendance and travelling, as

ings against

is allowed a witness attending a circuit court, and such allowance, shall be taxed in the bill of costs, under the same regulations observed in taxing cost for witnesses in the circuit courts of law.

SEC. 17. And be it further enacted, That if any constaProceed- ble, shall receive any money upon any execution, directed constables to him by any justice of the peace, and shall not pay the for failing to pay over same to such justice, or other person authorized to receive moneys. the same, upon the return of such execution, it shall and may be lawful for such justice, without motion made by the party injured, to enter up judgment and award execution, against such constable and his security or securities, Proviso, provided such constable and security or securities, or any of them have ten days previous notice, provided, that the counties of Adams, Claiborne and Wayne, be, and they are hereby exempted from any and every provision contained in this act.

of

consta

SEC. 18. And be it further enacted, That whenever hereVacancies after a vacancy may occur in the office of constable, it shall bles, how be filled by election in the same manner hereinbefore profilled. vided, for filling the vacancy for justices of the peace, and it shall be the duty of the county court, to appoint the person thus elected as heretofore.

moves

SEC. 19. And be it further enacted, That when any jusWhen tice of the peace, in this state shall remove out of the beat, justice rehis for, or in, which he shall or may be elected, under the procommission visions of this act, the said justice shall forfeit his commission; and all his pwers as such shall cease and determine.

forfeited.

sioners of

ed.

SEC. 20. And be it further enacted, That the commissionCommis ers of roads, bridges and ferries in the several counties in roads elect- this state, shall be elected by the qualified electors in the respective captains' districts, in such county, and the name of the person so elected, shall be returned by the sheriff or returning officer, to the county court, and his name entered upon the minutes of said court, which return and record shall be evidence of the election of such commissioner.

Warrants

to be

SEC. 21. And be it further enacted, That it shall be the ed ten day duty of the officers serving any warrants, issued by any jusbefore re- tice of the peace, to execute the same, at least ten days before the return day of such warrant, and in defaul

turn there

of.

thereof the said defendant, shall not be bound, to answer to any such warrant at the return day, but the same shall stand, continued, until the next succeeding term of such justices' court.

SEC. 22. And be it further enacted, That all acts and Repealing parts of acts, contravening the provisions of this act, be, clause. and the same are hereby repealed.

Approved, December 15, 1830.

AN ACT, to amend an act, entitled 'an act to reduce into one, the several acts concerning executions, and for the relief of insolvent debtors;' passed June 22, 1822.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That so much of the twenty-fifth section of the above recited act, as requires the person or persons, not party to any execution under which property may be taken or surrendered as specified in said section, who may claim title to, or an interest in any such property, to give bond in a penalty of double the amount of such execution and costs, in order to a postponement of the sale of said property, and the trial of the claimant's right thereto be so amended as to require said bond to be given in a penalty equal to double the amount of the fair value of the property so claimed by such person or persons, and in respect to which a trial of the right of the claimant or claimants, may be desired and sought, under the provisions of said section, which value shall be estimated by the sound discretion of the officer holding said execution or executions, and said officer shall endorse on said execution or executions, the estimated value, as aforesaid, of said property.

Amendatory clause.

Proceed

ings

judgments

SEC. 2. And be it further enacted, That farther proceedings under the judgments or executions under which any such claim of property may be made, as provided by said under twenty-fifth section, shall only be stayed till the final deci- stayed. sion of any such claim or claims, for an amount equal to the estimated value of said property, as endorsed by said.